STATE OF U P Vs. RAIS AHMAD

JUDGEMENT

(1.) THIS revision raises an interesting question of law as to the interpretation of Sub-section (4) of Section 17 of the Code of Criminal Procedure, 1898, though, in view of the repeal of that Code by Section 484 of the Code of Criminal Procedure, 1973, the decision will have a purely academic importance only.

(2.) THE facts giving rise to the revision, may now be stated, in brief. One Rais Ahmad, an accused in a case under Section 25, Arms Act, was refused bail by the Sub-Divisional Magistrate. Sitapur and, therefore, he made a similar application before the Sessions Judge on-July 8, 3972 and the same was ordered to come up for hearing on July 14. The Sessions Judge, who was handing over charge on that date, in view of his transfer to another Sessions Division, passed an order 'which in so far as it is relevant, reads thus: -

(3.) WE may give a general outline of the scheme of the Code with regard to the constitution of a Court of Session and its jurisdic tion and powers, before interpreting the scope and amplitude of Sec tion 17(4).